RIMS appointment : HC quashes order
Source: The Sangai Express

Imphal, December 19 2022: A single bench of the High Court of Manipur has quashed an order of the Ministry of Health which gave L Ranjit additional charge of Director of RIMS (Regional Institute of Medical Sciences) Imphal.

The order naming L Ranjit to hold the additional charge of Director of RIMS was issued by the Under Secretary to Government of India, Ministry of Health and Family Welfare on October 12 last.

The judgement order was passed today after it was kept on reserve after a hearing by a single bench of Justice Ahanthem Bimol on December 1 .

The Court was hearing a petition filed by Dr Hemam Priyosakhi Devi.

Notably, Dr L Ranjit was given the additional charge of Director RIMS for a period of 6 months or till regular appointment of a Director or till further orders whichever is the earliest.

The writ petition contended that Dr Hemam Priyosakhi Devi is the senior most Professor and she should be allowed to hold the post until appointment of a regular Director.

During the hearing today, the Court observed that Dr L Ranjit was given the additional charge of Director RIMS in violation of the rules.

Prior to issuance of the impugned order dated October 12, Dr Ahanthem Santa Singh was appointed to the post of Director, Regional Institute of Medical Sciences (RIMS), Imphal on deputation basis for a period of 5 years with effect from November 9, 2018 .

Before completion of his tenure of 5 years as Director of RIMS, Dr Ahanthem Santa Singh was repatriated prematurely from his post as the Director, RIMS to his parent cadre, North Eastern Indira Gandhi Regional Institute of Health & Medical Sciences (NEIGRIHMS), Shillong with effect from October 12, 2022 by an order of the Ministry of Health & Family Welfare on July 18, 2022 .

BP Sahu, senior counsel appearing for the petitioner, submitted in the Court that the post of Director, RIMS become vacant with effect from October 13, 2022 due to the sudden and premature repatriation of Dr Ahanthem Santa Singh to his parent cadre before completion of his 5-year tenure.

The senior counsel submitted that such unanticipated vacancy is to be filled up by in-charge arrangement pending regular appointment and the incharge arrangement should be done in terms of the provisions under Rule 12(1)(iii) of the Rules and Regulations of RIMS, Imphal, wherein it is provided that the officer to whom the additional charge is assigned is the senior most officer in the next lower grade.

As per RTI report, Dr Hemam Priyosakhi Devi is the senior most Professor while Dr L Ranjit is junior to her.

The Court on perusal of materials on record and after hearing submissions of both the counsels of the petitioner and respondents, observed that at the time of assigning additional charge of Director of RIMS to Dr L Ranjit, the authorities did not consider the case of the petitioner (Dr Hemam Priyosakhi Devi) and other senior Professors who are placed above him.

"This Court is constrained to hold that the authorities have entrusted additional charge of Director of RIMS, Imphal to Dr L Ranjit arbitrarily and in a pick and choose manner and in complete violation of the provisions of Rule 12(1)(iii) of the Rules and Regulations of RIMS, Imphal.

Accordingly, this Court has no hesitation to hold that the official respondents have acted arbitrarily and illegally in issuing the impugned order dated 12.10.2022" .

Quashing the order, the Court said the judgement however will not prevent the authorities from making fresh interim incharge arrangement in respect of the vacant post of Director strictly in terms of the provisions of Rule 12(1)(iii) of the Rules and Regulations of RIMS, Imphal.

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